Legal Opinion
United States v. Dolores MacKie and Celita Friera
Court of Appeals for the Ninth Circuit
Decided August 5, 1982No. 81-1704, 81-1713PublishedCited by 17 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Appellants appeal their convictions for violations of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. §§ 703, 707(b). The only issue is whether they should have been prosecuted under the more specific Bald and Golden Eagle Protection Act (BGEPA), 16 U.S.C. § 668(a).
When an act is proscribed by more than one criminal statute, the government may elect to prosecute under either so long as it does not discriminate against any class of defendants, United States v. Batchelder, 442 U.S. 114, 123-24, 99 S.Ct. 2198, 2203-04, 60 L.Ed.2d 755 (1979), and so long as the…
2Cases cited11 opinions
- United States v. BatchelderSupreme Court of the United States · 1979
- United States v. Curtiss-Wright Export Corp.Supreme Court of the United States · 1936
- Simpson v. United StatesSupreme Court of the United States · 1978
- Busic v. United StatesSupreme Court of the United States · 1980
- Husserl v. Swiss Air Transport Company, Ltd.District Court, S.D. New York · 1972
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- United States v. EdmonsonCourt of Appeals for the Ninth Circuit · 1986
- Richard Grooms v. J.C. Keeney, SuperintendentCourt of Appeals for the Ninth Circuit · 1987
- UNITED STATES of America, Plaintiff-Appellee, v. Gary D. RUSTER, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1983
- United States v. JacksonCourt of Appeals for the Second Circuit · 1986
- United States v. TomenyCourt of Appeals for the Eleventh Circuit · 1998
12 more not listed; retrieve them via the Exa API.